Notice of attendence to taking control of goods/ less than 24 hours notice.

[mastershake]

Hi all. i really do hope it's not to late in the day to find correspondence to this thread.

without rose tinting anything, i failed to deal with a speeding fine (35 in a 30) and also failed to attend my court hearing that was on 01/04/14. i received my 1st letter from Swift Credit on 19/05/14. this was a 'Notice of Enforcement' and the 1st letter i received from Swift Credit.

I again failed to deal with this. I have a weird personal issue regarding talking over the phone, however I understand this is no excuse and take full responsibility for failing to deal with the issue as a whole.

Today 16/06/14 Swift Credit Bailiffs came to the residence where i am currently residing. i did not hear them knock, but apparently they have spoken to my neighbours for information regarding who stays at this address. It's not my house, I am lodging with my uncle rent free, until i find work and get myself back on my feet after personal issues i would rather keep from this thread.

the letter i received through the door today was an 'Enforcement Agent Notice' for outstanding magistrates fine and costs, it is a Final Notice letter with red lettering and on it says they will be returning to this property at 7am on 17/06/14 to force entry and take control of goods. less than 24 hours after the letter was hand posted through the letter box.

from my understanding and through confirmation they will have received from the neighbours they will be unable to remove anything from the property as there is nothing in the house that belongs to me. however i am unable to pay or even raise the 615 pounds outstanding (original fine of 305 pound)

my question (and i do hope this is answered soon) is, 'am i entitled to more than >24 hours notice for a final notice' and 'where do i stand regarding repayment'

please help as I am not sure how to handle these bailiffs correctly when they arrive at 7am tomorrow morning.

Thank you in advance.
regards.

[mastershake]

Re: Notice of attendence to taking control of goods/ less than 24 hours notice.

bump:

also the final notice is not dated (today's date written under enforcement agents signature), i am told it must be dated??

[MissFM]

Re: Notice of attendence to taking control of goods/ less than 24 hours notice.

Hi Mastershake and welcome to LB,

It's a bit early in the day yet but one of the bailiff experts will surely be along to help with your questions.

Meanwhile, try not to worry and have a read through the stickies at the top of this section:

http://www.legalbeagles.info/forums/...fficers-Agents

especially this one:

http://www.legalbeagles.info/forums/...-Give-A-Member

Good luck - help is at hand x

[Sir Vere Brayne d'Emmidge]

Re: Notice of attendence to taking control of goods/ less than 24 hours notice.

An Enforcement Agent needs to speak to a debtor or leave a notice of attendance before trying to remove anything, simply because they must ascertain if the debtor is in residence and which goods belong to the debtor.

If no contact is made, the EA must be 100% sure that any goods taken into control belong to the debtor or the debtor has a financial interest in such goods.

The financial interest the debtor has in the goods taken into control must be equal or larger than the amount owed to satisfy the warrant's original debt plus any legally applied fees.

The minimum that an EA will accept from you, if they have to enter into a Control Goods Agreement, will be the sum owed divided by the amount of time left on the warrants....for example:

1. The warrant was issued on the 1st of February 2014, at that point it must be paid by the 31st of January 2015.
2. But you enter in a controlled goods agreement on the 15th May of 2014 and your first monthly/weekly payment is going to be on the day your wages are paid into the bank.
3. You need to divide £615 by the amount of weeks/months that you have available before the expiry date of 31/01/2015, which in this case is 7months/30 weeks.

Please note: the EA does not have to enter in a Controlled Goods Agreement, especially if there are items which, if removed and sold at auction, could pay for the Warrant sooner rather than later...for example a car worth at least £2/£2.5K...or household items belonging to you cost new £4/£6K....or items of personal jewellery that, if sold as scrap, would fetch a minimum of £800 (must not forget the £110 Removal Stage Fee)

[bizzybob]

Re: Notice of attendence to taking control of goods/ less than 24 hours notice.

What if the jewellery is being worn, can the Ea snatch the spouses or debtors rings from their fingers, or Sekondas from their wrists?

Or would they be classed as in use like the chainsaw I was wielding when a bailiff got the wrong house right number wrong street wrong village, and nearly lost his head as I turned round as he approached me from behind and tapped me on the shoulder I couldn't hear him I had ear defenders on. whilst I was lopping a branch from a tree?

[wales01man]

Re: Notice of attendence to taking control of goods/ less than 24 hours notice.

You Missed go in the corner don't let it happen again LOL Off with his head

[bizzybob]

Re: Notice of attendence to taking control of goods/ less than 24 hours notice.

You Missed go in the corner don't let it happen again LOL Off with his head

Didn't want to lose the chainsaw to plod who would have taken it away as evidence

But seriously, how wide is the definition in use, regarding the information provided by Sir Vere,

[Wombats]

Re: Notice of attendence to taking control of goods/ less than 24 hours notice.

Mastershake - did you get a resolution to this?

[Sir Vere Brayne d'Emmidge]

Re: Notice of attendence to taking control of goods/ less than 24 hours notice.

Didn't want to lose the chainsaw to plod who would have taken it away as evidence

But seriously, how wide is the definition in use, regarding the information provided by Sir Vere,

That is a good question, and yes, it is a serious matter.

"IN USE" means exactly what is says on the tin ...... so if you are wearing your jewellery AN EA can not take it. If the jewellery is in a drawer or laying about it can be taken...by the way, wedding rings can not.

If you are using your chainsaw the EA can not take it. If the chainsaw is in the shed it can be taken.

If the condom you have for performing safe sex is worn by you or another can not be taken, if the condom is on a bedside table, or an occasional table for that matter, it can be taken.

A used condom can not be taken because of bio-hazard.....besides it would be like snatching your children before they were born, children can not be taken as well as their toys.

Point of interest.....if you have a playstation and say that it belongs to the children it can not be taken, but.....if there are any games in the house which are not deemed suitable for the children's ages....say the kids are 8,10,12 and you have "Armageddon 5" which is rated 18+ then the playstation is fair game.

And finally, if a car is finance free, on a drive (belonging to the debtor) or on a public highway and the debtor is in it, with the keys in the ignition, engine on or off is immaterial, the car can not be taken nor immobilized because it is in use.

Any more questions please feel free to ask, I am free to respond or not, depends how I feel on the day and the tone of voice used when asked.

[bizzybob]

Re: Notice of attendence to taking control of goods/ less than 24 hours notice.

Excellent definitions Sir Vere and most helpful, as an aside to OP's issue it makes many seizuires by Whyte & Co and JBW dodgy during those roadside stops then if debtor is sat in the car, and JBW reach in and snatch the keys.

Mastershake, did the EA show up, and any updates on this please?

[bluebottle]

Re: Notice of attendence to taking control of goods/ less than 24 hours notice.

Excellent definitions Sir Vere and most helpful, as an aside to OP's issue it makes many seizuires by Whyte & Co and JBW dodgy during those roadside stops then if debtor is sat in the car, and JBW reach in and snatch the keys.

Mastershake, did the EA show up, and any updates on this please?

There is or was a video on Dailymotion showing a trainee JBW bailiff reaching into a car, whilst the motorist is in the car, and forcibly taking the ignition keys, causing injury to the motorist in the process.

[Sir Vere Brayne d'Emmidge]

Re: Notice of attendence to taking control of goods/ less than 24 hours notice.

There is or was a video on Dailymotion showing a trainee JBW bailiff reaching into a car, whilst the motorist is in the car, and forcibly taking the ignition keys, causing injury to the motorist in the process.

I would consider that under the banner of a) assault b) battery and if injury accurred c) GBH then depending on how many people were involved or effected by it a little dose of d) affray would not go amiss.